IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40636
No. 95-40637
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SEVERO REYES III,
Defendant-Appellant.
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Appeal from the United States District Court for the
Southern District of Texas
USDC No. 94-CR-219-1
USDC No. 94-CR-224-1
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July 5, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.
PER CURIAM:*
Severo Reyes III appeals his guilty plea convictions and
sentences for conspiracy to make, possess, and transfer grenades
and machine guns and possession with intent to distribute cocaine.
Reyes contends that his drug conviction violated double jeopardy
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
because of the previous forfeiture of his car; that the government
improperly manipulated his sentence; and that the district court
erroneously based his manager/supervisor adjustment on the unsworn
statements of the probation officer at the sentencing hearing.
Reyes does not contend that the district court erred by
finding that he waived his double jeopardy contention by pleading
guilty. Reyes has failed to brief the relevant issue for appeal.
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987).
By accepting the plea agreement, in which Reyes agreed to
plead guilty to possession of 13.2 pounds of cocaine and the
government indicated that it would recommend a sentence subject to
the 10-year minimum sentence, Reyes conceded that his sentence
would be based on 13.2 pounds of cocaine. See United States v.
Broce, 488 U.S. 563, 570 (1989). His sentencing entrapment
argument is unavailing.
Finally, the presentence reports (PSRs) indicate that Reyes
supervised the activities of his coconspirators. Reyes's unsworn
assertions were insufficiently reliable to oppose the PSRs; the
district court could accept the PSRs without further inquiry.
United States v. Puig-Infante, 19 F.3d 929, 943 (5th Cir.), cert.
denied, 115 S.Ct. 180 (1994).
A F F I R M E D.
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